In this last column in our Earth Day 2013 series, IPWatchdog wants to take a look at some of the research and development coming out of one of the industry leaders in wind energy technology, General Electric Company of Schenectady, NY.

GE Wind Energy is a branch of General Electric Company that is involved with the development and manufacture of wind energy turbines. As of 2009, General Electric was the world’s 2nd largest wind turbine supplier, according to Reuters. Wind energy has gained a lot of attention in the alternative energy world because it is renewable and can create electricity without fossil fuel emissions.

These patents and patent applications, published by the U.S. Patent & Trademark Office, outline General Electric’s goals to increase efficiency and reduce manufacturing costs for its wind energy systems. Recently published patent applications include documents filed to protect a more efficiently designed turbine blade and an electronic sensor that can determine if corrosive forces have damaged a turbine blade. Another application is for a light reflective substance that can help warn birds away from turbine blades, which may at first seem insignificant but a major obstacle in the adoption of wind energy are complaints from environmentalists relating to the number of birds killed each year.

EDITORIAL NOTE: Continuing our Earth Day 2013 series, Charles Lickson asks whether patent protection is enough of an incentive for exploring clean, green solutions that may not be protectable, but which could offer important benefits for the environment and a sustainable energy future.

_ _ _

It is certainly understandable why time and field of application limits must be placed on patent grants to allow inventors and organizations other than the patentee to enter certain fields after the exclusivity period expires. To do otherwise would actually inhibit the value of an invention because there would only ever be one supplier.  Our patent system, of which I am a firm believer, gives a period of exclusive opportunity to the inventor – something essential to moving an invention into the real world of commerce and societal benefit.  The field of clean or green technology is one of those areas where innovation is desperately needed if our planet Earth is to survive as a place where all living things can thrive.

Several important questions arise from this kind of situation:

What if a “new” and needed technology is not really new, but rather a new way of doing something which builds on a known (and patented technology where the exclusive protection period has expired)?

And, what if the “new” technology cannot find its way to market (i.e. real-world application) unless there is funding?

This article continues our Earth Day 2013 series with a look at the IPO Inventor of the Year Awards. 

Four times over the past nine years the Intellectual Property Owners (IPO) Education Foundation has recognized inventors of green technologies as the Inventor of the Year. This trend is certainly not accidental given the growing interest in green technologies and the increased importance they will play as the global economy shifts from a carbon-based energy platform to more sustainable and environmentally friendly sources of energy.

Of course, we are many years away from a totally renewable energy economy. While there are some that are working on the “home run” solutions, many others work on important incremental advances. These incremental advances are what the patent system thrives on and particularly incentivizes. As you can see below, 3 of the 4 green technologies recognized by the IPO over the past decade relate to reducing energy consumption. The other relates to cleaning water, which saves lives in third-world and developing countries. Indeed, there are numerous ways to be green!

Will the IPO continue its recent trend and recognize a green innovation in 2013, making 5 out of the last 10 years a celebration of environmentally friendly technologies? That is at least in part up to the community. The IPO is currently looking for nominations for the 2013 Inventor of the Year Award, which will be handed out in a ceremony in Washington, DC, in December 2013. The nomination deadline is May 15, 2013.

Today our week-long Earth Day 2013 series  looks at several recycling innovations.

Recycling has been a major concern in America for the past few decades, but our methods of recycling and commitment to green living could still see major improvement. The U.S. Environment Protection Agency reported that Americans created about 250 million tons of solid waste in 2010, most of that ending up in landfills or as combustible fuel, which can create a lot of air pollution. Only 85 million tons of this waste was recycled during that year.

Today our week-long Earth Day 2013 series takes a look at solar power technologies. To accomplish this we look at a variety of patent applications, as well as an issued patent, all of which relate to solar energy technologies that have been released by the USPTO within the past month or so.

Solar energy is one of the alternative energy forms that many believe can be an effective part of the new alternative energy that replaces our current carbon-based fossil fuel situation. Electricity generation from solar radiation creates no air pollutants and poses a minimal intrusion on the environment. However, solar radiation can be inconsistent based on time of day or weather, and large surface areas must be used to collect enough solar energy to generate a meaningful amount of electricity.

Four recent patent applications published by the U.S. Patent & Trademark Office and featured here below give an interesting insight into the future of solar energy generation. In most of these applications, we can see solar cell panel technology being applied to individual devices and machines, collecting enough energy to charge a battery or at least reduce energy used from other sources. These patent applications describe cars, digital cameras, irrigation systems and even digital cameras with solar energy collection technology.

One solar technology patent awarded by the USPTO protects a photovoltaic energy collection kit that a homeowner could purchase and set up at a residence to provide solar energy generation for that building.

It’s not easy being green ~ Kermit the Frog

Normally when we discuss the impact of the Bayh-Dole Act, allowing universities and small companies to commercialize inventions made with federal support, we focus on the life sciences where the resulting new drugs and therapies dramatically improved lives for millions around the world.  However, the celebration of Earth Day is an appropriate time to consider the contributions our publicly funded research organizations– partnering with an entrepreneurial private sector– make in protecting our environment.

A key purpose of the Bayh-Dole legislation is unleashing federally funded basic research so that it could be commercialized, thus benefitting society.  As industry retreats more and more from conducting early stage research (where breakthrough discoveries are made) this alliance is essential to our nation.

One of the drivers behind the bipartisan support of the Bayh-Dole Act was that 28,000 taxpayer funded inventions were sitting idly on the shelves in Washington, D.C. benefitting no one. Under pre Bayh-Dole policies the government took federally funded inventions away from their creators destroying the intended incentives of the patent system.  Thus, the full impact of billions of dollars spent annually on taxpayer supported R&D was squandered.

The history of Earth Day traces back to 1970 when then United States Senator Gaylord Nelson (D-WI) came up with the idea.  He had long sought a way to inspire people to become more environmentally conscious, and after reading about anti-Vietnam War “teach-ins” on college campuses he was inspired to start a nationwide teach-in on the environment.  Senator Nelson wrote letters to all 50 governors and mayors of the larges U.S. cities asking them to issue Earth Day proclamations.  He also wrote to college newspapers across the country.  His efforts worked and an estimated 20 million people participated in various education activities on April 22, 1970.

In 2009 the United Nations unanimously adopted a resolution designating April 22 each yeas as International Mother Earth Day.  The resolution, spearheaded by the Bolivian Government and supported by over 50 Member States, noted that Earth Day was already observed each year on 22 April in many countries.  Today Earth Day is celebrated globally in more than 175 countries every year.

This year at IPWatchdog.com we have decided to not just celebrate Earth Day, but rather to celebrate all week. We will have a variety of articles that focus on innovations and technologies that make a cleaner, greener planet a reality. The technological advances we will celebrate come from independent inventors, large multi-national corporations such as General Electric, and exciting basic scientific advances made by U.S. universities and licensed out to small businesses for development.

HyperSolar, Inc. has developed a technology that they claim will produce hydrogen that is renewable and utilizes natural power sources: sunlight and water. According to a press release issued last week, they have filed a patent application along with the University of California, Santa Barbara, asking for the “protection and stability of electroactive units used for production of fuels and chemicals.” According to HyperSolar, Inc., their invention could greatly reduce the cost of manufacturing and using fuel cells.

HyperSolar is currently in a year-long sponsored research agreement with the University of California, Santa Barbara. This arrangement between HyperSolar and UC is yet another example of the private sector working closely with a University to develop and deploy technologies. Such a relationship between the private sector and University researchers would have been possible prior to the passage of Bayh-Dole in 1980.

The Bayh-Dole Act, which was enacted on December 12, 1980, was revolutionary in its outside-the-box thinking, creating an entirely new way to conceptualize the innovation to marketplace cycle. Prior to Bayh-Dole, which grants ownership rights in patented innovations to Universities, it was nearly impossible for federally funded research to be licensed. The process wasn’t working.

Konarka Technologies, Inc., a leading developer of thin-film solar panels, has filed for bankruptcy protection under chapter 7 of the Federal bankruptcy laws. Under chapter 7 proceedings, the company’s operations cease and a trustee is tasked with liquidating the company’s assets for the benefit of creditors.

Howard Berke, chairman, president and CEO of Konarka, said, “Konarka has been unable to obtain additional financing, and given its current financial condition, it is unable to continue operations. This is a tragedy for Konarka’s shareholders and employees and for the development of alternative energy in the United States.”

While this is certainly bad news for shareholders, employees and creditors, it is an all to common occurrence for alternative energy companies. Yes, the allure of renewable energy is irresistible, but the technology is just not where it needs to be yet in order to make renewable energy a mainstream alternative to more cheaper, conventional forms of energy.  Even exciting science and a strong patent position is not enough to hold back the economic realities of the marketplace.

Washington – The U.S. Commerce Department’s United States Patent and Trademark Office (USPTO) will host its second Clean Technology Partnership Meeting on Tuesday, June 12, 2012, to bring clean technology stakeholders together to share ideas, experiences and insights and provide a forum for discussion on how the USPTO can improve and expand on its clean technology programs.

Clean technology includes products and services that improve operational performance, productivity or efficiency while reducing costs, inputs, energy consumption, waste or pollution. Alternative energy sources, water and gas purification and soil remediation, as well as other technologies centered on increasing energy efficiency and non-toxic production incorporate clean technology.

The history of Earth Day traces back to 1970 when then United States Senator Gaylord Nelson (D-WI) came up with the idea.  He had long sought a way to inspire people to become more environmentally conscious, and after reading about anti-Vietnam War “teach-ins” on college campuses he was inspired to start a nationwide teach-in on the environment.  Senator Nelson wrote letters to all 50 governors and mayors of the larges U.S. cities asking them to issue Earth Day proclamations.  He also wrote to college newspapers across the country.  His efforts worked and an estimated 20 million people participated in various education activities on April 22, 1970.

In 2009 the United Nations unanimously adopted a resolution designating April 22 each yeas as International Mother Earth Day.  The resolution, spearheaded by the Bolivian Government and supported by over 50 Member States, noted that Earth Day was already observed each year on 22 April in many countries.  Today Earth Day is celebrated globally in more than 175 countries every year.

With this in mind I thought I might take the occasion to identify Green-Tech innovations that relate to recycling technologies, energy conversion and conservation of energy that are worthy of celebration on Earth Day 2012. The following innovations all recently received U.S. patents.  What do they have in common?  As I was searching for them they caught my eye and I found them to be cool, interesting or exciting.  I hope you do too.

At this time of the year many attorneys and agents are not paying all that much attention to the rules and requests for comments coming out of the Patent Office. Truthfully, with the number of changes that have taken place under the Kappos run Patent Office and the enormity of the America Invents Act many patent attorneys, including myself, are worn out!  Add to that the typical end of the year matters for clients and our own businesses and it is easy to miss announcements in November and December.

With that in mind I thought I would take this opportunity to try and bring everyone up to speed on the various patent related announcements and notices in the Federal Register that were published in November 2011 and December 2011.  I am told that more are on the way in January 2012.  I can’t wait!

The United States Patent and Trademark Office (USPTO) and Economic Development Administration (EDA), along with the Clean Energy Group (CEG) and the Brookings Metropolitan Policy Program, hosted a clean energy policy conference Monday, September 19, 2011, at USPTO headquarters in Alexandria, Va.

In the wake of the Solyndra scandal many will likely insert their own joke here and marginalize the importance of clean energy solutions. While it is no doubt important to investigate to see whether there was any impropriety involved in the $535 million loan guarantee given to Solyndra, we cannot afford one scandal, no matter how damaging it may be, to deter the U.S. from pursuing alternative energy solutions.  I fear the true legacy of the Solyndra scandal may be to frustrate well meaning and critically important attempts to pursue a clean, green energy economy.  CNET and Politico are respectively reporting that the Solyndra fallout is hurting other solar companies and the Obama green agenda.  We cannot afford to allow this debacle to negatively influence our rightful pursuit of better, cleaner, greener technologies.

Bruce Kisliuk, Assistant Deputy Commissioner for Patents (USPTO), asking how many examiners were attending; easily 75% were examiners.

The United States Patent and Trademark Office held the first ever Cleantech Partnership Initiative meeting today in the Madison Building on the campus of the USPTO in Alexandria, Virginia.  What is a “partnership initiative”?  The Patent and Trademark Office has had these types of “partnerships” in other areas, such as in the biotechnology area, for some time.  They are intended to provide a forum where industry can share concerns and information, including both patenting–related aspects and technology-related aspects.  They are also for establishing contacts for technical training programs for examiners and helping applicants better understand the Patent Office. The goal is to hopefully lead to better filed and prosecuted applications and better issued patents. The focus of this partnership initiative is Clean Technologies, which Bruce Kisliuk (Assistant Deputy Commissioner for Patents) pointed out was in keeping with the Obama Administration desire to foster clean, green tech.

The United States Patent and Trademark Office (USPTO) will host its first Clean Technology Partnership Meeting on Wednesday, April 27th to bring clean technology stakeholders together to share ideas, experiences and insights and provide a forum for discussion on how the USPTO can improve and expand on its clean technology programs. The meeting will be held at USPTO Headquarters in Alexandria, Va., from 1:00-5:00 p.m.

“Green technology innovations can help us protect our environment and improve our planet, and every day that an important new clean tech innovation is held back from the market represents a lost opportunity to create 21st century jobs and businesses,” Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos said. “The feedback clean tech stakeholders provide is essential in our efforts to continuously improve the quality of our programs and services.”